Citation Nr: 0510158
Decision Date: 04/08/05 Archive Date: 04/21/05
DOCKET NO. 01-01 326 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in San Diego,
California
THE ISSUE
Entitlement to service connection for anal fistula/fissure.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
J. Meawad, Associate Counsel
INTRODUCTION
The veteran served on active duty from May 1946 to January
1972.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a January 2000 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
San Diego, California, that denied the above claim.
The claim is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the veteran
if further action is required.
REMAND
Unfortunately, a remand is required in this case. Although
the Board sincerely regrets the additional delay, it is
necessary to ensure that there is a complete record upon
which to decide the veteran's claim so that he is afforded
every possible consideration.
Service connection means that the facts, shown by evidence,
establish that a particular injury or disease resulting in
disability was incurred in the line of duty in the active
military service or, if pre-existing such service, was
aggravated during service. 38 U.S.C.A. §§ 1110, 1131 (West
2002); 38 C.F.R. § 3.303(a) (2004).
The veteran asserts that his anal fistula/fissure condition
began during service while on board a naval ship in 1971. He
stated that he reported to the doctor that his posterior bled
every time he wiped with toilet paper. He was advised to
keep it clean and apply Vaseline or Preparation H. His
condition did not improve. His separation examination
reported his anus and rectum as normal. However, in an April
1972 VA examination, just a few months after his separation
from service, a small cyst was reported in the rectal area
that was 0.5 centimeters in diameter and 1 centimeter from
the anal ring. In August 1974, the veteran received
treatment from the Balboa Naval Hospital and was diagnosed as
having anal fissure and fistula, for which he underwent a
fistulectomy, fissurectomy, and proctosigmoidoscopy.
In view of the foregoing, a VA examination is necessary to
determine if the veteran's anal fistula/fissure condition is
related to service. See 38 U.S.C.A. § 5103A(d) (West 2002);
38 C.F.R. § 3.159(c)(4) (2004).
Accordingly, this case is REMANDED for the following actions:
1. Schedule the veteran for an
appropriate VA examination. The claims
file and a copy of this remand must be
provided to the examiner. The examiner
should indicate in the report if the
claims file was reviewed. All necessary
tests should be conducted and all clinical
findings reported in detail.
The examiner is requested to provide an
opinion as to the date of onset and
etiology of the veteran's anal
fistula/fissure. The examiner should
state whether it is at least as likely as
not that any current anal fistula/fissure
had its onset during active service or is
related to any inservice disease or
injury.
The examiner must provide a comprehensive
report including complete rationales for
all conclusions reached.
2. Then, readjudicate the appellant's
claim on appeal, with application of all
appropriate laws and regulations and
consideration of any additional
information obtained. If the decision
with respect to the claim remains adverse
to the appellant, he and his
representative should be furnished a
supplemental statement of the case and
afforded a reasonable period of time
within which to respond thereto.
Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate. The appellant has the right
to submit additional evidence and argument on the matter or
matters the Board has remanded to the regional office.
Kutscherousky v. West, 12 Vet. App. 369 (1999). The purposes
of this REMAND are to comply with due process considerations
and to obtain additional information. No inference should be
drawn regarding the final disposition of this claim as a
result of this action.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans' Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West 2002) (Historical and Statutory Notes). In
addition, VBA's Adjudication Procedure Manual, M21-1, Part
IV,
directs the ROs to provide expeditious handling of all cases
that have been remanded by the Board and the Court. See M21-
1, Part IV, paras. 8.43 and 38.02.
_________________________________________________
P. M. DILORENZO
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2004).